Need a Domestic Violence Defense Attorney in Wylie, TX? Contact Michael Piri

Common Questions — Domestic Violence Lawyer Michael Piri | Wylie, TX

What qualifies as domestic violence in Texas?

Texas defines domestic violence (referred to as “family violence” under the Texas Penal Code) as an act by one household or family member against another intended to cause physical harm, bodily injury, assault, or sexual assault — or a threat that reasonably places the person in fear of imminent harm. This includes violence between spouses, former spouses, parents of the same child, foster parents and children, blood relatives, household members, and current or former dating partners. Visible injuries are not required for an act to meet the legal definition.

Assault vs. family violence in Wylie — what’s the distinction?

A regular assault is treated as family violence when the alleged victim fits into a protected category listed in the Texas Family Code. The underlying charge — Class C misdemeanor up through first-degree felony — depends on the injury and circumstances, but the family violence finding carries additional consequences a regular assault doesn’t carry, including firearm prohibitions, enhanced penalties on later offenses, and a record that cannot be expunged or sealed.

Can the alleged victim drop the charges?

No. This surprises most people. Once a police report has been filed, the case belongs to the State of Texas — not the person who reported it. Prosecutors in Wylie regularly proceed with cases even when the alleged victim signs an affidavit of non-prosecution or refuses to cooperate. They can compel testimony through subpoena, use 911 recordings, body cam footage, and statements made to officers at the scene. Counting on the case being dropped is one of the most common and costly mistakes defendants make.

What happens at the magistrate hearing after arrest?

Within 48 hours of arrest, the accused is brought before a magistrate judge who sets bond and typically issues a Magistrate’s Order for Emergency Protection (MOEP). This order usually forbids any contact with the alleged victim, prohibits returning to the shared residence, and suspends the right to possess firearms — sometimes for up to 91 days. Violating an MOEP is a separate criminal offense, even if the alleged victim reaches out first.

Will I lose my right to own firearms?

Yes, possibly — and the impact reaches far beyond Texas. A conviction or even a deferred adjudication on a family violence charge results in a federal firearm prohibition under the Lautenberg Amendment that lasts for life. Active protective orders also prohibit firearm possession. For law enforcement officers, military service members, and concealed carry holders, the career and personal implications are both immediate and serious.

Should I accept deferred adjudication?

For most offenses, deferred adjudication prevents a conviction from appearing on your record if probation is completed successfully. Family violence is the exception. Under Texas law, even a successfully completed deferred adjudication for family violence still counts as a conviction for purposes of future enhancement, federal firearm prohibition, and the public record. It cannot be sealed through nondisclosure. Agreeing to deferred adjudication without this knowledge is a common, regrettable mistake.

Will a domestic violence charge affect my custody case?

Significantly. Texas courts operate on the presumption that naming a parent with a history of family violence as a joint or sole managing conservator conflicts with the child’s best interest. A pending charge can shape temporary orders, supervised visitation requirements, and the final custody decree. CPS may also launch a separate investigation. The criminal case and the family case run on separate tracks but constantly influence each other.

Can a family violence charge be expunged in Texas?

A dismissal or acquittal can be expunged. A conviction cannot. A deferred adjudication for family violence cannot be sealed through an order of nondisclosure, unlike most other deferred outcomes. This is why contesting the charge — rather than accepting a fast plea deal — matters so much when the long-term record is at stake.

What can I do if the accusations are untrue or overstated?

False or exaggerated accusations do occur, particularly during contentious divorces, custody disputes, and breakups. Defending these cases requires moving fast to preserve evidence: text messages, call logs, location data, witness statements, prior inconsistent statements, and any documentation of the accuser’s motive. Time is critical — phone records and surveillance footage are often deleted within days or weeks if no one moves to secure them.

What’s the typical timeline for a domestic violence case in Wylie?

Misdemeanor cases typically resolve in three to nine months; felony cases routinely take a year or longer. Cases with strong defense investigation, contested motions, and trial preparation tend to take longer than quick pleas — but produce far better results. Rushing toward a fast resolution usually serves the prosecution, not the defendant.

Why hire Michael Piri for a domestic violence case?

Domestic violence defense is not the same as general criminal defense. The collateral consequences — firearms, immigration, employment, custody, and the permanent record — require a lawyer who understands every track the case touches. Michael Piri focuses on protecting clients from the cascading damage these charges cause, not just the courtroom outcome. Every case begins with a confidential consultation to assess the allegations, the evidence, and the realistic paths forward.